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2013 Supreme(Raj) 2299

BELA M.TRIVEDI
Devi Sahai Mittal – Appellant
Versus
Sita Ram Agarwal – Respondent


For the Appellants:Ashok Mehta Senior Counsel and Devendra Sharma, Advocate.
For the Respondents:A.K. Sharma, Senior Counsel, Rachit Sharma, Anuroop Singhi, Saurabh Jain and Rachit Sharma, Advocates.

JUDGMENT

1. - Both the appeals arise out of the impugned order dated 25.10.08 passed by the Addl. District Judge (Fast Track) No. 3, Jaipur City, Jaipur (hereinafter referred to as the trial court') in the T.I. Application No. 129/08, and, therefore were heard simultaneously and this common judgment is being passed.

2. The SBCMA No. 5086/08 has been preferred by the appellants Devi Sahai Mittal & Ors., whereas the SBCMA 3056/10 has been preferred by the appellant Rajasthan Financial Corporation Ltd. The appellants of the SBCMA No. 5086/08 are the defendant Nos. 1, 2 and 4, the Respondent No. 1 is the plaintiff, and the Respondent Nos. 2 to 4 are the defendant Nos. 5, 6 and 3 respectively in the suit. For the sake of convenience the parties shown in the SBCMA No. 5086/08 shall be referred as such hereinafter. The trial court vide the impugned order dated 25.10.08 had partly allowed the T.I. Application of the Respondent No. 1-plaintiff and had restrained the appellants i.e. the Defendants Nos. 1, 2 and 4 from transferring, alienating or creating charge over the disputed premises and had restrained the Respondent No. 2-Defendant No. 5 from taking any action in respect of the disputed











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